The court upheld the trial court's discretion to allow a suit for partition to proceed, emphasizing the need for full trial to address claims of misrepresentation and the nature of property documentation.

ORDER :

V. SRISHANANDA, J.

Heard learned counsel for the parties.

2. Defendant Nos.1 to 3 in O.S.No.89/2024 are the revision petitioners challenging the dismissal of the application under Order VII Rule 11(d) of Code of Civil Procedure (hereinafter ‘CPC’ for short) by the impugned order.

3. Facts of the case which are utmost necessary for disposal of the revision petition are as under:

3.1. A suit for partition came to be filed by N. Sheela – respondent No.1 with the following prayer and in respect of following properties:

PRAYER

“Wherefore, the plaintiff most respectfully prays that this Hon'ble court may be pleased to pass en Judgment and Decree for partition and separate share in respect of all the schedule properties in items No.1 to 13 as follows :-

a Direct the first defendant and with 3rd defendant to division/partition/effect 1/6th share by way of fresh partition in relating to plaintiff share in respect of all the schedule properties in Sl. No.1 to 13, by failing this Hon'ble court may be directed concerned authorities to do the needful in respect of plaintiff 1/6th share by metes and bounds.

b. For cancellation/set-aside the registered partition deed dated: 01.01.2015 executed by plaintiff and the defendants before the sub registrar office Periyapatna, Mysore District, reference No.PYP-1- 08014/2014-15 in C.D. No.PYD 181 as null and void illegal, in operative and having no force in law same is executed by fraud and further direct above said concerned registrar to remove the said registration references/or any from the concerned register books. C. An order for mesne profits in respect of all the schedule properties from 09.09.2005 as Amended by Amendment Act, 39/2005 by virtue of Hindu Succession Act 1956, related to all the schedule properties.

d. And grant any relief as this Hon'ble court grant deems fit to the facts and circumstances of the case.

e. And legal cost of the suit with justice and equity.

SCHEDULE PROPERTIES

Item No.1:-

All that piece and parcel of immovable land property Sy. No.214/2, measuring 1-08.00.00 guntas (1 Acre 08 guntas) and same is situated at Kirnalli Village, Ravandur Hobli, Periyapatna Taluk, Mysore District and bounded on:-

Item No.2:-

All that piece and parcel of immovable land property Sy. No.223/1, measuring 0-28.00.00 guntas (28 guntas) and same is situated at Kirnalli Village, Ravandur Hobli, Periyapatna Taluk, Mysore District and bounded on:-

Item No.3:-

All that piece and parcel of immovable land property Sy. No.223/2, measuring 4-27.00.00 guntas (4 Acre 27 guntas) and same is situated at Kirnalli Village, Ravandur Hobli, Periyapatna Taluk, Mysore District and bounded on:-

Item No.4:-

All that piece and parcel of immovable land property Sy. No.215/1, measuring 1-04.08.00 guntas (1 Acre 04.08 guntas) and same is situated at Kirnalli Village, Ravandur Hobli, Periyapatna Taluk, Mysore District and bounded on:-

Item No.5:-

All that piece and parcel of immovable land property Sy. No.216/2, measuring 1-02.00.00 guntas (1 Acre 02 guntas) and same is situated at Kirnalli Village, Ravandur Hobli, Periyapatna Taluk, Myso